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Will of John Philpot

of Broadstairs, Kent

Source: Archdeaconry Court of Canterbury Original Will PRC16/574 and PRC17/113/11
Submitted by Andrew Webber
This is the last Will and Testament of me John Philpot of Broadstairs in the Isle of Thanet in the County of Kent Gentleman (heretofore described as a Schoolmaster) made this twenty fifth day of September One thousand eight hundred and fifty one

First I revoke all former wills by me made and of this my last will and testament do appoint Sarah Philpot of Broadstairs aforesaid spinster and William Hubbard of Margate in the said Isle and County Sail-maker Executrix and Executor
And I do give to the said William Hubbard the sum of ten pounds in consideration of the trouble he may have in executing the trusts of this my will

And as to all estates vested in me as trustee or mortagee in fee I give and devise the same unto the said Sarah Philpot and William Hubbard their heirs and assigns to enable them to perform the trusts thereof Also I give and devise all my messuages lands tenements hereditaments and real estate whatsoever and wheresoever with their appurtenances unto the said Sarah Philpot and William Hubbard their heirs and assigns Upon the trusts following that is to say

Upon trust that they my said trustees or the survivor of them her and his heirs or assigns do and shall at such time or times and when and as they she or he shall in their her or his discretion think fit absolutely sell and dispose of the same either by public auction or private Contract in such Lots and in such manner as they she or he shall in their her or his discretion judge proper with liberty to buy in the same or any part thereof at any sale by public Auction and to resell the same and to rescind any contract entered into and to enter into new contract for the sale thereof without being answerable for any deficiency which may arise upon such resale or otherwise with respect to the disposition of my said real estate under the Trusts of this my will

And for the purpose of facilitating such sale or sales I do hereby declare and direct that the receipt or receipts of my said Trustees or the survivor of them her or his heirs or assigns under their her or his hands or hand shall from time to time be a good and sufficient discharge or discharges to the purchaser or respective purchasers of my said estate or of any part thereof for his her or their purchase money and that after such receipt or receipts such purchaser or purchasers his her or their heirs executors or administrators shall not be answerable for any loss or misapplication of such purchase money or any part thereof nor be liable to see to the application thereof

Also I give and bequeath all my monies and securities for money personal estate and effects of every kind and description unto the said Sarah Philpot and William Hubbard their executors administrators and assigns Upon trust to get in and convert into money all such part thereof as at the time of my decease shall not consist of ready money

And I direct my said trustees to stand possessed thereof and of the money to arise from the sale of my said real estate hereinbefore directed to be sold and the rents thereof until sold and all other my personal estate and effects whatsoever and wheresoever and thereout in the first place to pay all my just debts funeral and testamentary expences the costs of proving this my will and attending the sale of my said real estate and all other incidental expences and after making such payments as aforesaid I give and bequeath thereout the following Legacies that is to say

To my old and confidential housekeeper Ziphah or Zipper Tigy the sum of one hundred and fifty pounds sterling
To Mary Offen of Ramsgate Widow one hundred pounds sterling
To Martha White of Ramsgate Widow one hundred pounds sterling to be paid and applied to her or otherwise for her benefit at such times and in such portions as my executors in their entire discretion and without any influence or controul by her shall think proper

To John Ladd fifty pounds sterling
To Henry Ladd fifty pounds sterling
To Charles Ladd fifty pounds sterling
(and which said John Ladd, Henry Ladd and Charles Ladd are three of the children of my late deceased first cousin Eliza Ladd by John Ladd her husband)
To Harriott Birch of Broadstairs Spinster fifty pounds sterling which is owing to me by her father James Birch and to her mother Martha fifty pounds sterling
To John Philpot of Crouch Hall Hornsey one hundred pounds sterling
To Sarah Solly of Broadstairs aforesaid Widow fifty pounds sterling
And upon payment of the aforesaid several Legacies Upon trust to pay the residue of all my said Estate monies and effects unto the said Sarah Philpot for her own absolute use

Provided always and I do hereby authorize and empower my said executrix and executor entirely at their his or her own discretion to compromise or compound or submit to arbitration or allow time for payment of any debt sum or sums of money which may be owing or deemed to be owing to or by me at the time of my decease or to reduce the amount of such debt or debts or entirely to forgive the same

And lastly I declare that my said trustees and executors shall not be answerable for each others acts or receipts nor for losses happening without their own respective default and shall be at liberty to retain and allow to each other all expences which they may incur in the execution of this my will
In witness whereof I have hereunto set my hand the day and year first above written Ė John Philpot -
Signed published and declared by the said John Philpot the testator as and for his last will and testament in the presence of us both present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses
Mary Strevens, Broadstairs - Wm Beerling, Clerk to Mr J Harvey Boys, Solír Margate

February 11th 1854
Sarah Philpot of Broadstairs Spinster and William Hubbard of Margate Sailmaker the Executors named in this Will were duly sworn as usual and that the goods chattels and credits do not amount in value to the sum of Two hundred pounds.
Before me ? Francis, Surrogate.
Testator died 19th January 1854

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Will of John Philpot
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